When the Massachusetts Department of Children and Families (MA DCF) decides the child abuse or neglect allegations are of “substantiated concern” after an investigation, MA DCF is unsure of whether or not the allegations are true. But, MA DCF still believes there is significant concern to the child’s welfare.

The “substantiated concern” decision is a quasi-official decision by the MA DCF Investigator and Supervisor. This decision blends the elements of “supported” and “unsupported” decisions by MA DCF. It gives the Department an opportunity to stay involved with a family even when there is not enough evidence of child abuse or child neglect.

When Does MA DCF Enter A Decision of “Substantiated Concern”?

The Massachusetts Department of Children and Families (MA DCF) can decide that child abuse or neglect allegations should be of “substantiated concern” after a MA DCF investigation.

When MA DCF enters a decision of “substantiated concern,” it means the Department did not have enough evidence to prove the allegations were true or false. Such decisions indicate that the child was at risk of abuse or neglect, but was not actually abused or neglected.

MA DCF’s official definition of “substantiated concern” is a situation where:

“there is reasonable cause to believe that the child was neglected; and [t]he actions or inactions by the parent(s)/caregiver(s) create the potential for abuse or neglect, but there is no immediate danger to the child’s safety or well-being.” (as stated in MA DCF 2015 Protective Intake Policy)

What Happens After MA DCF Makes a “Substantiated Concern” Decision?

When the Massachusetts Department of Children and Families (MA DCF) makes a “substantiated” decision after an investigation, the case does not stop there.

MA DCF will assign a new social worker to work with the family through a MA DCF assessment. During the assessment, the Department’s job is to evaluate the safety of all children in the family they investigated. MA DCF will provide the family with recommendations on:

• How to solve the problems in their family that lead to the 51A report being filed against them
• How to properly care for all the children in the family’s home

Does a “Substantiated” Decision Mean Your Name Goes on MA DCF’s Central Registry?

Alleged perpetrators facing a “substantiated concern” decision will NOT have their names added to the Massachusetts Department of Children and Families’ (MA DCF) Central Registry. Alleged perpetrators will only have their name placed on the MA DCF Central Registry for “supported” decisions.

When the allegations indicate criminal actions the case is referred to the District Attorney. But the alleged perpetrator’s name will not be added to the District Attorney’s Registry of Alleged Perpetrators when the decision is of “substantiated concern.” 

How can Parents Appeal an MA DCF Substantiated Concern Decision?

Parents can appeal to overturn and reverse an MA DCF “Substantiated ” decision when they disagree with the outcome. You can only do this through the MA DCF Grievance Process.

The MA DCF Grievance Process will be an informal meeting between you, the MA DCF social worker who decided to substantiate the allegations against you, and an authority figure from the Department. The authority figure will most likely be one of the following:

• The MA DCF Regional Clinical Director
• MA DCF Area Clinical Manager
• MA DCF Area Program Manager 

During the Grievance Process, you should explain why they do not agree with the substantiated concern decision. Parents can present the facts themselves, or hire an experienced MA DCF attorney to represent them.

To request the Grievance Process, you must write a letter to the MA DCF Area Office which made the “substantiated concern” decision against you. In your letter, include all the reasons why the decision should be reversed. You must write this letter within thirty (30) days of receiving notice of the decision.

Alleged perpetrators cannot appeal “substantiated concern” decisions through a Fair Hearing.

Kevin Seaver is a trusted MA DCF Attorney Specializing in DCF Law since 1991.

You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.

Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.

Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.

Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances.

Thank you. Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.

Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.